Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT 1990 No. 75 of 1990 - SCHEDULE 2

                  SCHEDULE 2                        Subsection 4 (1)

AMENDMENTS OF LEGISLATION ABOUT DEFENCE PENSIONS
Defence Force Retirement and Death Benefits Act 1973 Subsection 43 (2):

   (a)  Omit "Pension", substitute "Subject to subsection (2A), pension".

   (b)  Omit "$702", substitute "$5,000". After subsection 43 (2):
Insert the following subsection:

"(2A) Where the number of eligible orphans in respect of whom pensions are
payable under subsection (2) because of the death of the contributing member
is such that the sum of the rates of all the pensions so payable exceeds the
rate at which invalidity pay would have been payable to the member in the
circumstances mentioned in that subsection, then, while that position exists,
there is payable, in respect of each of the orphans, instead of the pensions
described in subsection (2), a pension at the rate calculated by dividing the
number of orphans into the rate exceeded.". Subsection 43 (3):

   (a)  After "Subject to" insert "subsection (4) and".

   (b)  Omit "$702", substitute "$5,000". Section 43:
Add at the end the following subsection:

"(4) Where the number of eligible orphans in respect of whom pensions are
payable under subsection (3) because of the death of the recipient member is
such that the sum of the rates of all the pensions so payable exceeds the rate
of the retirement or invalidity pay used for the calculation of the orphans'
pensions under that subsection, then, while that position exists, there is
payable, in respect of each of the orphans, instead of the pensions described
in subsection (3), a pension at the rate calculated by dividing the number of
orphans into the rate exceeded.".
Defence Forces Retirement Benefits Act 1948 Subsection 55 (2):

   (a)  Omit "On", substitute "Subject to subsection (3), on".

   (b)  Omit "$702", substitute "$5,000". After subsection 55 (2):
Insert the following subsection:

"(3) Where the number of children in respect of whom pensions are payable
under subsection (2) because of the widow's death is such that the sum of the
rates of all the pensions so payable exceeds a rate equal to 135 of the rate
at which pension payable under paragraph (1) (a) would, but for her death,
have been payable to her, then, while that position exists, there is payable
in respect of each of the children, instead of the pensions described in
subsection (2), a pension at the rate calculated by dividing the number of
children into the rate exceeded.". Subsection 57 (4):

   (a)  Omit "On", substitute "Subject to subsection (5), on".

   (b)  Omit "$702", substitute "$5,000". After subsection 57 (4):
Add the following subsection:

"(5) Where the number of children in respect of whom pensions are payable
under subsection (4) because of the widow's death is such that the sum of the
rates of all the pensions exceeds a rate equal to 135 of the rate at which
pension payable under paragraph (1) (a) or subsection (3), as the case
requires, would, but for her death, have been payable to her, then, while that
position exists, there is payable in respect of each of the children, instead
of the pensions described in subsection (4), a pension calculated by dividing
the number of children into the rate exceeded.". Subsection 58 (1):

   (a)  Omit "Where", substitute "Subject to subsection (1A), where".

   (b)  Omit "$702", substitute "$5,000". After subsection 58 (1):
Insert the following subsection:

"(1A) Where the number of children in respect of whom pensions are payable
under subsection (1) because of the death of the member or pensioner is such
that the sum of the rates of all the pensions so payable exceeds a rate equal
to 135 of the rate at which pension payable under paragraph 55 (1) (a) or 57
(1) (a), or subsection 57 (3), as the case requires, would, but for her death
or divorce, have been payable to the widow, then, while that position exists,
there is payable in respect of each of the children, instead of the pensions
described in subsection (1), a pension at the rate calculated by dividing the
number of children into the rate exceeded.".